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(123rd General Assembly)(Substitute House Bill Number 534)
AN ACT
To enact sections 3705.30, 3705.31, 3705.32, 3705.33, 3705.34, 3705.35, and
3705.36 of the Revised Code to require the Director of Health to
establish a Birth Defects Information System and to repeal section
3705.34 four years after the effective date of this act in compliance with
agency sunset provisions.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3705.30, 3705.31, 3705.32, 3705.33,
3705.34, 3705.35, and 3705.36 of the Revised Code be enacted to read as
follows:
Sec. 3705.30.
(A) As used in this section: (1) "Freestanding birthing center" has the same meaning as in
section 3702.51 of the Revised Code. (2) "Hospital" means a hospital classified
under section 3701.07 of the Revised Code as a general
hospital or children's hospital. (3) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery
or
osteopathic medicine and surgery. (B)
The director of health shall establish and, if funds for this purpose are
available, implement a statewide birth
defects information system for the collection of
information concerning congenital anomalies, stillbirths, and
abnormal conditions of newborns. (C) If the system is implemented under division (B) of
this section, all of the following apply: (1) The director may require each
physician, hospital,
and
freestanding birthing center
to
report to the system information concerning all patients under
five years of age with a primary diagnosis of a congenital anomaly or abnormal
condition.
The director shall not
require a hospital, freestanding birthing center, or physician to report to
the
system any information that is reported to the director or
department of health under another provision of the Revised
Code
or Administrative Code. (2) On request, each physician, hospital, and freestanding birthing
center shall give the
director or authorized employees of the department of health access to the
medical records of any
patient described in division (C)(1) of this section. The department
shall pay the costs of copying any medical records pursuant to
this division. (3) The director may review vital statistics records and shall
consider expanding the list of congenital anomalies and abnormal
conditions of newborns reported on birth certificates pursuant to section
3705.08 of the Revised Code. (D) A physician, hospital, or freestanding birthing center that
provides information to
the system under division (C) of this section shall not be subject to
criminal or civil
liability
for providing the information. Sec. 3705.31. If implemented under section 3705.30 of the Revised Code, the birth defects
information system
may be used for all of
the
following purposes: (A) To identify and describe congenital anomalies, stillbirths,
and abnormal conditions of newborns; (B) To detect trends and epidemics in congenital anomalies,
stillbirths, and abnormal conditions of newborns; (C) To quantify morbidity and mortality of congenital anomalies
and abnormal conditions of newborns; (D) To stimulate epidemiological research regarding congenital
anomalies, stillbirths, and abnormal conditions of newborns; (E) To identify risk factors for congenital anomalies,
stillbirths, and abnormal conditions of newborns; (F) To facilitate intervention in and prevention of congenital
anomalies, stillbirths, and abnormal conditions of newborns; (G) To facilitate access to treatment for congenital anomalies
and abnormal conditions of newborns; (H) To inform and educate the public about congenital anomalies,
stillbirths, and abnormal conditions of newborns. Sec. 3705.32. (A) Except as provided in this section,
records received and information assembled by the birth defects information
system pursuant to
section 3705.30 of the Revised Code are confidential medical
records. (B)(1) The director of health may use information assembled by
the system to notify parents, guardians, and custodians of children with
congenital anomalies or abnormal conditions of
medical care and other services available for the child and
family. (2) The director may disclose information assembled by the system
with the written consent of the parent or legal guardian of the child
who is the subject of the information. (C)(1) Access to information assembled by the system shall be
limited to the following persons and government entities: (a) The director of health; (b) Authorized employees of the department of health; (c) Qualified persons or government entities that are engaged in
demographic, epidemiological, or similar studies related to health and
health care provision. (2) The director shall give a
person or government entity described in division
(C)(1)(c) of this section access to the system only if
the person or a representative of the person or government entity signs an
agreement to maintain the system's confidentiality. (3) The director shall maintain a record of all persons and
government entities given access to the information in the system. The record
shall include all of the following information: (a) The name of the person who authorized access to the
system; (b) The name, title, and organizational affiliation of the person
or government entity given access to the system; (c) The dates the person or government entity was given access to
the system; (d) The specific purpose for which the person or government
entity
intends to use the information. (4) The record maintained pursuant to division (C)(3) of this
section is a public record, as defined in section 149.43 of the
Revised Code. (5) A person who violates an agreement described in division
(C)(2) of this section may be denied further access to confidential
information maintained by the director. (D) The director may disclose information assembled by the system
in summary, statistical, or other form that does not identify particular
individuals or individual sources of information. Sec. 3705.33.
As used in this section,
"local health department" means a health department operated by the
board of health of a city or general health district or the authority
having the duties of a board of health under section 3709.05 of the
Revised Code. A child's parent or legal guardian who wants
information concerning the child removed from the birth defects
information system shall request from the local health department or the
child's physician a form
prepared by the director of health. On request, a local health department or
physician shall
provide the form to the child's parent or legal guardian. The individual
providing the form shall
discuss with the child's parent or legal guardian the information
contained in the system. If the child's parent or legal guardian
signs the form, the department or physician shall forward it to the director.
On receipt of the signed form, the director shall remove from the system any
information that identifies the child. Sec. 3705.34. Not later than thirty days after the effective date of this
section, the director of health shall appoint a council to
advise on the establishment and implementation of the birth defects
information
system. (A) The council shall include, at a minimum, persons
representing each of the following interests: (1) Obstetrics and gynecology; (2) Pediatrics; (3) Genetics; (4) Epidemiology; (5) Biostatistics; (6) Hospital administration; (7) The department of mental retardation and developmental
disabilities; (8) The department of education; (9) The department of job and family services; (10) The commission on minority health; (11) Parents of children with congenital anomalies or abnormal
conditions; (12) The march of dimes Ohio chapter; (13) The public. (B)(1)
Not later than thirty days after
the initial appointments are made under division (A) of this
section, the director shall convene
the first meeting of the council.
In consultation
with and with the approval of the council, the director shall
appoint, at the first meeting of the council, the chairperson and
vice-chairperson of the council from among the members of the
council. the chairperson may call additional meetings as the
chairperson considers appropriate. (2) The council may establish rules of procedure as necessary to
facilitate the council's orderly conduct of business. (3) Council members shall serve without compensation but, to the extent
funds are available,
shall be reimbursed for their actual and necessary expenses incurred in
the performance of their duties. (C) The council shall recommend to the director a
list of congenital anomalies and abnormal conditions of newborns to be
reported to the system. Sec. 3705.35. Not later than one hundred eighty days after the effective
date of
this section, the director of health shall, in consultation with the council
created under section 3705.34 of the Revised Code, adopt rules in accordance
with Chapter 119. of the Revised Code to do all of
the following: (A) Implement the birth defects information system; (B) Specify the types of congenital anomalies and abnormal
conditions of newborns to be reported to the system under section 3705.30
of the Revised Code; (C) Establish reporting requirements for information concerning
diagnosed congenital anomalies and abnormal conditions of
newborns; (D) Establish standards that must be met by persons or government
entities that seek access to the system; (E) Establish a form for use by parents or legal guardians who
seek to have information regarding their children removed from the system and
a method of distributing the form to local health departments, as defined in
section 3705.33 of the Revised Code, and to physicians. The method of distribution
must include making the form available on the internet. Sec. 3705.36. Three years after the date a birth defects
information system is implemented pursuant to section 3705.30 of the
Revised Code, and annually thereafter, the department of
health shall prepare a report regarding the birth defects information
system. The council created under section 3705.34 of the
Revised Code shall, not later
than two years after the date a birth defects information system is
implemented, specify the information the department is to
include in each report. The department shall file the report with the
governor, the president and minority leader of the senate, the speaker
and minority leader of the house of representatives, the departments of
mental retardation and developmental disabilities, education, and
job and family services, the commission on minority health, and
the news media. SECTION 2 . That section 3705.34 of the Revised Code is hereby
repealed, effective four years after the effective date of this
act.
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